Sunday, May 2, 2010

Repeat sex offender gets 25-30 years for attempted rape

A sex offender who attempeted to rape a woman on the grounds of Massachusetts General Hospital last year was sentenced to 25 years imprisonment Friday, April 30. Forty year old David Flavell, formerly of Brockton, MA, was convicted of 2 counts of assault and battery with a dangerous weapon, assault and battery, and assault with intent to rape in Suffolk Superior Court Thursday April 29.

The attack took place against a 27 year old woman in a Massachusetts General Hospital bathroom. After following her into the restroom and placing an "Out Of Order" sign behind him, Flavell tackled her and slammed her head into the floor and walls. After she went down, Flavell choked her and put his knee on her chest while attempting to undo her pants. He got as far as pulling down her zipper before she fought him off. Hospital employees found Flavell with his pants unzipped, and Boston police arrested him after the victim identified him.

Flavell normally would have faced a maximum of 20 years for the attempeted rape charges, but faces life after prosecutors proved that he had a similar assault with intent to rape conviction in 1998. He had other sex convictions between 1998 and 2001, and was listed as a Level 3 sex offender on the SO registry.

On Jan. 29, 2008, Braintree police arrested Flavell, who peered under a ladies’ room stall at the Borders bookstore on Grossman Drive, startling a 36-year-old Holbrook woman. “We consider his actions extremely serious and Flavell to be a very dangerous individual,” Deputy Police Chief Russell Jenkins said at the time.

Borders employees told Officer Michael Want that the woman, who left the store and later returned to speak with Want, was in a stall in the ladies’ room around 8 p.m. when a man stuck his head into her stall from underneath the separating wall, said nothing, and fled the area. A witness who saw the man in the area of the ladies’ room described him as wearing dark clothing, possibly a running suit, and carrying a black bag.

An employee described it as a black Adidas bag with white stripes and went on to say that the man spent two hours on the pay phone near the café, located close to the restrooms. Surveillance video showed the man to be light skinned with a short Afro and possible facial hair. He was of medium build and was wearing a black puffy coat, a dark colored Adidas sweatshirt, and tan or light brown pants.

In the Borders investigation, both witnesses were shown an array containing several photographs, including Flavell’s, and narrowed their selection down to two photos of Flavell and another person.

According to Jenkins, the victim viewed the same photo array on Feb. 19, 2008 and positively identified Flavell as the person who stuck his head into her stall. On that same day, a Brockton woman called McLaughlin, informed him that she viewed the photograph posted on Mass Most Wanted, and identified the individual as Flavell.

An arrest warrant was issued that afternoon, charging Flavell with annoying or accosting a person of the opposite sex as well as disorderly conduct, both misdemeanors.

McLaughlin and Detective Mark Sherrick, assisted by Brockton police, arrested Flavell that night at a donut shop in Brockton. At the time of his arrest, police said, Flavell was carrying the same backpack that he reportedly had on the night of the Borders incident, and inside it were three pairs of work gloves, a black ski mask, and a roll of duct tape.

Flavell was held at the Braintree police station pending his Feb. 20, 2008 arraignment in Quincy District Court, where he pleaded innocent and was ordered held on $10,000 cash bail. Flavell admitted on April 22, 2008 in Quincy District Court that there were sufficient facts to find him guilty. Judge Mary Dacey White sentenced Flavell to six months in jail with credit for 63 days served because he had been unable to come up with bail.

Superior Court Judge Charles Spurlock sentenced Flavell to 25 to 30 years imprisonment followed by 10 years of probation. During probation, Flavell must undergo sex offender treatment and GPS monitorins. He is under a stay-away order from both the victim and the hospital.

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